Authorisation

The authorisation of production, import or application of a substance applies to especially hazardous substances only. A substance, which is subject to authorisation, can only be produced or imported for a defined application after granted authorisation. It can happen that a substance subject to authorisation can be used for one application and banned for another one. Even total prohibition of production or import of a substance is possible in case the risks inherent in the substance cannot be properly controlled. Together with the responsible authorities of the EU member states the agency (ECHA, Helsinki) establishes a list with all substances which are subject to authorisation and therefore may not be produced, imported or used without further examination. The EU Commission estimates that approximately 300 substances will be subject to authorisation. Already now for example pesticides or insecticides fall in this category. Since these are especially alarming substances, they are not used in lubricants. The lubricant industry will thus most probably not be effected by the authorisation.

In case a company intends to produce, import or use a listed substance, an application has to be made at the agency. Considerable part of the application is a test whether any alternative substances can be used instead. If this is the case the application cannot be allowed. The company has to use the alternative substance. If there is no alternative substance available the company has to explain which R & D efforts are made to substitute the hazardous substance. This is, of course, only applicable if there really are R & D activities in this direction.

The application is allowed when the company can prove that the risks arising from the substance can be controlled in an adequate way. All granted approvals are checked from time to time by the EU Commission and possibly withdrawn or modified. If the company cannot demonstrate the adequate control the application for use can possibly nevertheless be granted. This is the case when the applicant can confirm that the socio-economic advantages of the substance predominate the risks.

It has to be observed that the authorisation of substances is not linked to any quantity limits. Therefore a substance, which is produced or imported in quantities of less than 1 t per year, and which therefore does not have to be registered, can be subject to authorisation. It is only of importance whether a substance is mentioned in the list of substances subject to authorisation.